ALWAYS READ THE SMALL PRINT!

Transcription

1 SCORPION LEGAL PROTECTION NEWSLETTER ISSUE 48 APRIL 2017 LEGAL STING DEDUCTIONS WITHOUT BENEFITS! MR DHLADHLA WAS EMPLOYED BY A COMPANY FROM 2002 UNTIL HIS EMPLOYER NEVER GAVE HIM A PROPER, PRINTED PAYSLIP. INSTEAD, THE EMPLOYER GAVE HIM A HANDWRITTEN PAYSLIP THAT JUST LISTED DEDUCTIONS MADE FOR THINGS LIKE UIF, FUNERAL POLICIES AND PROVIDENT FUNDS. MR DHLADHLA WAS UNHAPPY WITH THIS BECAUSE HE HADN T SIGNED UP FOR ANY OF THE POLICIES OR FUNDS HE WAS APPARENTLY CONTRIBUTING TO. WORSE, WHEN HE ASKED HIS EMPLOYER FOR DETAILS ABOUT THE PROVIDENT FUND HE WAS APPARENTLY CONTRIBUTING TO, THE EMPLOYER REFUSED TO GIVE HIM ANY INFORMATION! AZIKHIPHI THAT S NOT ON! Desperate to put an end to this practise, Mr Dhladhla reported the matter to the Department of Labour. An investigator was appointed to the case and the case was then referred to the Labour Court. Unfortunately, Mr Dhladhla could not afford legal representation and the matter came to a halt. Scorpion Legal Protection assisted Mr Dhladhla and agreed with him that the provident fund deduction did appear to be unlawful. It is doubtful that the employer registered him for a provident fund as Mr Dhladhla had never received a benefit statement or even knew the name of the company he was supposedly paying. Unfortunately, there was not much Scorpion could do for Mr Dhladhla as this all happened 10 years ago. The matter had legally prescribed (exceeded the amount of time the law allows for to take action in a matter). But Scorpion could give him some advice. He could go to the CCMA and look the matter up using his case number as a reference. For legal representation, he could get free assistance through Legal Aid or the Law Clinic. They would need to help him find out if the Labour Court would allow him to revive the matter or not. SCORPION S CONSUMER TIP Always query with your employer if you do not understand the deductions made to your salary. Request a statement reflecting your pension or provident benefits. Also make sure to ask for the contact details of the pension or provident fund administrator. ALWAYS READ THE SMALL PRINT! THE FACTS Sipho Nkosi took out a funeral policy with an insurance company in February 2016 for his wife and his twin brother. Two months later, his wife died. Mr Nkosi lodged a claim with the insurance company in April His claim was rejected by the insurance company as she died during the waiting period. Mr Nkosi disputed this with the insurance company, alleging that he was not told about the waiting period when he bought the policy. The insurance company informed him that they had listened to the voice recording made when he first took out the policy. The voice recording confirmed that he was informed telephonically of the waiting period. The insurance company even offered to give him with a copy of the recording. At the time, Mr Nkosi didn t take the dispute about the rejection of his claim any further. STRIKE BACK LEGALLY Scorpion Legal Protection contacted THE FACTS MIRRIAM Ramabu from Moroka, Soweto, was contacted by lawyers saying she owed SA Multi Loan money. She said she knew nothing about the company and tried many times to tell the call centre agents that she didn t owe the company. But they continued to call her until she decided to come to the SunDefender for the insurance company, pretending to be enquiring about their policies and waiting period. We were informed that, if an insured person dies as a result of an accident, automatic cover is given as per the first premium. If the insured person dies as a result of natural or any other causes, there is a waiting period of 12 months. Scorpion then contacted the insurance company again to discuss Mr Nkosi s case. Unfortunately they refused to provide us with any information due to Scorpion being a third party to the dispute. The prospects of the dispute being settled in Mr Nkosi s favour are very poor. Firstly, the matter had prescribed as he had 90 days from the date his claim was rejected by the insurance company to challenge the decision and report it to the ombudsman. Secondly, his wife was gravely ill when he took out the policy. As Mr Nkosi declined to get a copy of the voice recording, it is also doubtful that he was not informed about the waiting period. MIRRIAM DOESN T OWE ANY MONEY + help. WHAT I DID I spoke to Chriselda van Wyk at SA Multi Loan. SOLUTION Chriselda confirmed the information on their system was incorrect because Mirriam s cellphone number had been added to FIGHT INJUSTICE somebody else s account. Mirriam s number was removed and her name cleared. YOU CAN SUE FOR NEGLIGENCE! WHAT was supposed to be a standard procedure quickly turned into a nightmare for Luyolo* (not his real name) and his mum. Luyolo s dad was the sole breadwinner. He was hospitalised for a minor procedure. But the unlucky man became infected when he was in the care of the hospital. He was transferred to the Intensive Care Unit, as a victim of Septicaemia. When he died a few days later, the mother and her son were devastated. Not only had they lost their beloved husband and father, they were now left without an income. According to Section 27 of the Constitution of South Africa, you have the right to adequate healthcare. This includes the right to have access to safe medical procedures from health institutions/establishments. If this right is breached, the patient or the patient s family has the right to lodge a formal complaint, or in the case of medical malpractice/ negligence, a right to sue. When Luyolo s mum, a Scorpion Legal Protection policyholder, contacted Scorpion, she was relieved to find out that she could sue the hospital where her husband died for medical negligence to compensate for loss of support, as well as Luyolo s educational expenses. Medical attorneys in South Africa define Medical Negligence as a negligent act or omission by a medical professional that results in personal injury to a patient. Doctors in both the private sector and in public hospitals can be held liable for medical negligence. If you believe your private caregiver is guilty of medical negligence, you have two options: Report the doctor to the HPCSA, which is a medical body that deals with healthcare professionals. Take the doctor directly to court to either sue for patrimonial loss (ie monies lost as a result of medical negligence) or sue for damages. In the case of a public hospital, you can escalate your complaint to the medical ombudsman South Africa, or direct a complaint or lawsuit to the Department of Health. For your case of medical negligence to be successful, you will need to prove the following points: 1. That a duty existed, i.e. that the hospital or healthcare provider had undertaken care or treatment of a patient. 2. That this duty has been breached. This means the health provider has not conformed to the relevant standard of care. 3. That this breach caused an injury to the patient. 4. That this injury had led to loss either financially or emotionally. How will you be compensated? Every case is different and will be judged on its own merit. In case of Luyolo s dad s death, Scorpion Legal Protection s lawyer was able to prove the bacterial infection that led to his death was caused by medical negligence. Luyolo s mum was awarded R as compensation for loss of income and to contribute to Luyolo s education. Scorpion Legal Protection s tough lawyers have skills and knowledge to help policyholders defend their rights when it comes to Medical Negligence. For more information, or to join, SMS LIKE to 34453, and they ll call you back with an obligation-free quote.

2 + FIGHT INJUSTICE Scorpion s tough lawyers have teamed up with the Daily Sun Newspaper s consumer rights column the Sun Defender, to counsel the Daily Sun s readers on how to fight legal injustices that they may face. Since the Daily Sun is South Africa s most widely read newspaper, it s not surprising that the Sun Defender gets a constant stream of requests from readers asking for assistance with their legal matters. The Sun Defender shares Scorpion s spirit of working tirelessly to fight and expose everyday injustices that confront Daily Sun readers and Scorpion members. The Daily Sun provides a weekly update every Thursday to readers about how the Sun Defender has in the previous week assisted readers in solving their legal problems. At Scorpion, we provide legal assistance to our members, including negotiation and mediation. Our members have the added advantage of enjoying financial backing to help them take matters that qualify for legal insurance cover to court, if they can t be solved through negotiation. When the idea arose of joining hands with the Sun Defender, we were glad to provide our legal muscle! Every week Scorpion gives legal advice and paralegal assistance to 2 lucky Daily Sun readers. By helping to solve these selected cases, we also hope to inform the public and spread awareness among them about what to look out for when dealing with persons who may violate their legal rights. Pick up the next Thursday issue of the Daily Sun or visit either Scorpion s or Daily Sun s Facebook pages to see the Sun Defender and Scorpion in action! What a Scorpion Express Branch can and cannot do for you. What a Scorpion Express Branch can and cannot do for you. Many of our members live far from main towns and cities, so we have Scorpion Express Branches in outlying areas, usually located in an attorney s office. At these branches you can: Talk to a consultant who will take down your matter and send it to a Scorpion legal advisor who will call you SCORPION EXPRESS SCORPION EXPRESS What you can t do at these branches: Print a membership card FAX Fax or any documents needed by your legal advisor Consult face-to-face with a legal advisor Talk to a legal advisor on the phone Arrive without an appointment Pay your premium SCORPION EXPRESS For all your legal needs an Express Branch is just like a full-service Scorpion branch. We currently have Scorpion Express Branches in the following towns and cities: Burgersfort, Empangeni, George, Kimberley, Kokstad, Ladysmith, Makhado (Louis Trichardt), Port Shepstone, Secunda, Thohoyandou, Tzaneen and Vryheid. Please note, the Vryburg Express Branch has closed. Call for their physical address or visit

3 We get businesses up and running As part of our Enterprise Development Initiative, Scorpion provides interest-free loans and professional development support to qualifying law firms from historically disadvantaged backgrounds. Since 2010, we have assisted 20 start-up attorneys. In 2016 we expanded our initiative to include non-legal entrepreneurs. On Time Media, a black owned brand management, promotions and activations company based in Gauteng, became beneficiaries of our interest-free loan of R in October 2016 and they also received a 12-month repayment holiday. This meant that they could run successful activation events under the Scorpion brand thereby increasing policyholder access to policy information and legal advice while also developing communities by supporting local operators in the area. On Time Media used the loan to add two vehicles to their company fleet. Now our equipment and our clients materials can be transported with safe cars and no need to cover everything with a tent in rainy weather, said On Time Media Managing Director Balcan Muvhali. We helped Nombulelo keep her house! While she was sick, she defaulted on her home loan payments and the bank served her with a summons for payment of R6 000 each month for six months. Naturally, Nombulelo was shocked and desperate she didn t know what to do or where to turn. But she was a member of Scorpion Legal Protection and she decided to give us a call to see if we could help. Scorpion immediately contacted the bank to stop the sale of her house. We then entered into negotiations with the bank on behalf of Nombulelo, and after many phone calls we eventually got the bank to agree to reasonable and affordable repayments from Nombulelo and today her house still belongs to her! Often, your house is your most valuable asset. Do everything you can to ensure that you keep up with your monthly home loan repayments. Things couldn t have been worse for Scorpion policyholder Nombulelo* in First, her father passed away. Then she was retrenched from her permanent job and was forced to get temporary work as a domestic worker. Then she got very sick and had to spend five weeks in hospital. If you find yourself in financial difficulties, contact your home loan provider in most cases they will assist you in making alternative repayment arrangements. And remember you can always call Scorpion on if you need advice or if we can help you with negotiating a repayment plan. * Not her real name

4 THE LEGAL CORNER You have a right to health care The Constitution guarantees every South African a right to health care but sometimes doctors and hospitals don t provide adequate service. Medical negligence is a negligent act or omission by a medical professional that results in personal injury to a patient. If this happens to you at a public or private hospital, you have a right to sue and Scorpion can help you. Below is a list of the actions Scorpion can help you to take: You have a constitutional right to health care. We re ready to help you enforce that right! MEDICAL NEGLIGENCE BY A DOCTOR Report doctor to the HPCSA Sue for patrimonial losses (money that you lost as a result of the medical negligence) Sue for damages (a cash award that the court will determine based on your physical and/or emotional suffering) MEDICAL NEGLIGENCE BY A HOSPITAL Report doctor to the medical ombudsman South Africa Direct a complaint / suit to the Department of Health Community Connection legal bursary applications for 2018 opening soon! If you missed out on the Community Connection legal bursary applications in 2016, don t worry. From 2 October 2017 to 12 January 2018 you can pick up a bursary application at any branch and apply. NB: Only the children of Scorpion policyholders may apply for a Scorpion legal bursary. T&C s apply. For more information call the Community Connection team on OR commconnection@scorpion.biz On the right are the well-deserving children who have been empowered through the Scorpion CSI bursary fund and have each received a Community Connection Bursary worth R BURSARY RECIPIENT INSTITUTION 1. Onalenna Moepeng University of the Free State 2. Dibuseng Motlokoa University of the Witwatersrand 3. Thomelo Mashongoane Northwest University 4. Welldone Ngomane University of Pretoria 5. Zuziwe Zuma Rhodes University 6. Simfanele Mavuso University of the Western Cape 7. Thenjiwe Mancotywa University of the Free State

5 SMALL PREMIUM INCREASE MORE COVER FROM 1 JUNE 2017! Whilst we strive to keep our premiums as low as possible, a small premium increase is necessary to keep pace with inflation in order to bring you the best possible benefits. The increase will take effect from 1 June The good news is that the benefits for all three policies have increased as have the accidental death legal expenses cover benefits! The table below shows the new premiums and the new cover Premiums R81 R87 R R R9 000 R9 500 R8 R10 R R R41 R45 R R R4 500 R5 000 N/A N/A N/A N/A R121 R130 R R R R R14 R18 R R R74 R78 R R R R N/A N/A N/A N/A Insurance Fraudline At Scorpion, we strive to treat our members fairly, and do not condone fraudulent behaviour. If a Scorpion staff member has acted fraudulently or dishonestly, you can report such fraud anonymously. The Insurance Fraudline is an independent, objective service provider that specialises in the handling of Protective Disclosures. Contact the Insurance Fraudline insurance@fraudline.co.za Scorpion Nationwide Branches FULL SERVICE BRANCHES Bellville Bloemfontein Cape Town (CBD) Carletonville Durban East London emalahleni (Witbank) Germiston Johannesburg Kempton Park Klerksdorp Mahikeng Nelspruit Newcastle Pietermaritzburg Polokwane Port Elizabeth Pretoria Roodepoort Rustenburg Springs Vereeniging Welkom EXPRESS BRANCHES Burgersfort Empangeni George Groblersdal Kimberley Kokstad Ladysmith Makhado Port Shepstone Secunda Thohoyandou Tzaneen Vryheid Scorpion Legal Protection (Pty) Ltd is an Authorised Financial Services Provider. Licence number: Legal policies underwritten by Legal Expenses Insurance Southern Africa Ltd. Funeral Plans underwritten by Hollard Life Assurance Company Ltd.

6 What s the winning word? D V O R C E Find the winning word and WIN one of 50 pairs of Scorpion sunglasses!* C R I M I A L G U A R A T E E C V E R 1. D_VORCE is what happens when a husband and wife legally split up. 2. Something that is against the law is a CRIMI_AL act. 3. With Scorpion you get a 30-day money-back GUARA_TEE. 4. Scorpion offers you labour, civil, criminal, administrative and accidental death legal expenses C_VER. O U R T P O L I C SMS the winning word to Simply fill in the missing letter in each of the words below to find the hidden word, and then SMS the winning word to and you could be one of 50 winners of a pair of Scorpion sunglasses! B L O E M F O T E I N M A G I S R A T E 5. You go to face a judge in a _OURT. 6. The men and women in blue are members of the South African POLIC_ Service. 7. The judicial capital of South Africa is BLOEMFO_TEIN. 8. Another word for a judge is a MAGIS_RATE. *T&C s apply. R1.50 per SMS. All entries must reach Scorpion by 15 July The winners will be the first fifty correct entries randomly drawn. Winners will be announced in the next newsletter. The judges decision is final. Scorpion employees may not enter this competition. NEW Cooler Bag Anyone can get their friend or relative to join Scorpion. After your friend or relative pays their first premium, we ll send you a Scorpion cooler bag!* Simply get your friend or relative to SMS COOLER TO and make sure they have your name and telephone number when a Scorpion consultant calls them. For more information call *T&Cs apply. R1.50 per SMS. Stocks are limited and cooler bags are only available while stocks last. If we are unable to give you a cooler bag an alternative gift of similar value will be given to you. This promotion is open to all members of the public except for Scorpion employees. Scorpion Legal Protection (Pty) Ltd is an Authorised Financial Services Provider. Licence Number: Legal policies underwritten by Legal Expenses Insurance Southern Africa Ltd. Funeral plans underwritten by Hollard Life Assurance Company Ltd.